New Murder Trial for Convicted Day Care Worker? Upcoming Hearings Could Make It Happen

A former day care worker convicted of killing a 16-month-old Deerfield boy under her charge will return to Lake County for hearings that could determine whether she can have a new murder trial, the Chicago Tribune reports.

A Lake County judge ruled Tuesday that Melissa Calusinski, who has been serving her 31-year prison sentence in southern Illinois since 2012, will be transferred to Lake County Jail so she can attend three evidentiary hearings—Aug. 18-19 and Sept. 16—the report stated.

These new proceedings have been scheduled because a judge decided last month that new testimony could be heard in Calusinski's case. In 2011, Calusinski, 29, of Carpentersville, was convicted of first-degree murder in connection with the death of Benjamin Kingan at a Linconlshire daycare center in January of 2009.

More Melissa Calusinski Coverage on Patch:

• Judge Rules New Testimony Will be Heard in Daycare Death Case
• Should Melissa Calusinski be Released from Prison?
• Protesters Call For Release of Melissa Calusinski
• Melissa Calusinski Daycare Death Again Profiled on '48 Hours'

At these hearings, Calusinski's attorneys are expected to introduce new evidence that shows Kingan died from a pre-existing head injury and not a skull fracture caused by Calusinski. The judge then will decide on whether Calusinski receives a new trial after the September hearing, according to the Tribune.

In order for Calusinski to get a new day in court, however, the new evidence her lawyers present must be so great that it would change the result of a trial, the report added.

PHOTO: Melissa Calusinski during her appearance on the news show "48 Hours." (CBS)

More via the Chicago Tribune

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